Common use of Method of Adjustment for CPI Adjustment Clause in Contracts

Method of Adjustment for CPI Adjustment. (a) As of each Basic Rent Adjustment Date when the average CPI determined in clause (i) below exceeds the Beginning CPI (as defined in this Paragraph 4(a)), the Basic Rent in effect immediately prior to the applicable Basic Rent Adjustment Date shall be multiplied by a fraction, the numerator of which shall be the difference between (i) the average CPI for the three (3) most recent calendar months (the "Prior Months") ending prior to such Basic Rent Adjustment Date for which the CPI has been published on or before the forty-fifth (45th) day preceding such Basic Rent Adjustment Date and (ii) the Beginning CPI, and the denominator of which shall be the Beginning CPI. An amount equal to the lesser of (A) the product of such multiplication or (B) $145,960 with respect to the first Basic Rent Adjustment Date and the product of the Basic Rent in effect immediately prior to such Basic Rent Adjustment Date multiplied by 12% with respect to each succeeding Basic Rent Adjustment Date, shall be added to the Basic Rent in effect immediately prior to such Basic Rent Adjustment Date. As used herein, "

Method of Adjustment for CPI Adjustment. (a) As of each Basic Rent Adjustment Date when the average CPI determined in clause (i) below exceeds the Beginning CPI (as defined in this Paragraph 4(a)), the Basic Rent in effect immediately prior to the applicable Basic Rent Adjustment Date shall be multiplied by a fraction, the numerator of which shall be the difference between (i) the average CPI for the three (3) most recent calendar months (the "Rent CIP Prior Months") ending prior to such Basic Rent Adjustment Date for which the CPI has been published on or before the forty-fifth (45th) day preceding such Basic Rent Adjustment Date and (ii) the Beginning CPI, and the denominator of which shall be the Beginning CPI. An amount equal to the lesser of (A) the product of such multiplication or three percent (B3%) $145,960 with respect to the first Basic Rent Adjustment Date and the product of the Basic Rent in effect immediately prior to such each Basic Rent Adjustment Date multiplied by 12% with respect to each succeeding Basic Rent Adjustment Date, shall be added to the Basic Rent in effect immediately prior to such the applicable Basic Rent Adjustment Date. As used herein, "

Method of Adjustment for CPI Adjustment. (a) As of each Basic Rent Adjustment Date when the average CPI determined in clause (i) below exceeds the Beginning CPI (as defined in this Paragraph 4(a)), the Basic Rent (or portion thereof to be adjusted as specified in Paragraph 4) in effect immediately prior to the applicable Basic Rent Adjustment Date shall be multiplied by a fraction, the numerator of which shall be the difference between (i) the average CPI for the three (3) most recent calendar months (the "Prior Months") ending prior to such Basic Rent Adjustment Date for which the CPI has been published on or before the forty-fifth (45th) day preceding such Basic Rent Adjustment Date and (ii) the Beginning CPI, and the denominator of which shall be the Beginning CPI. An amount equal to the lesser of (A) the product of such multiplication or (B) $145,960 with respect to the first Basic Rent Adjustment Date and the product of the Basic Rent (or portion thereof to be adjusted as specified in Paragraph 4) in effect immediately prior to such Basic Rent Adjustment Date multiplied by 12% with respect to each succeeding Basic Rent Adjustment Date, shall be added to the Basic Rent (or portion thereof to be adjusted as specified in Paragraph 4) in effect immediately prior to such Basic Rent Adjustment Date. As used herein, "

Method of Adjustment for CPI Adjustment. (a) As of each Expansion Basic Rent Adjustment Date when the average CPI determined in clause (i) below exceeds the Beginning CPI (as defined in this Paragraph 4(a6(a)), the Expansion Basic Rent in effect immediately prior to the applicable Expansion Basic Rent Adjustment Date shall be multiplied by a fraction, the numerator of which shall be the difference between (i) the average CPI for the three (3) most recent calendar months (the "“Prior Months"”) ending prior to such Expansion Basic Rent Adjustment Date for which the CPI has been published on or before the forty-fifth (45th) day preceding such Expansion Basic Rent Adjustment Date and (ii) the Beginning CPI, and the denominator of which shall be the Beginning CPI. An amount equal to the lesser of (Ax) the product of such multiplication multiplication, or (By) $145,960 with respect to the first Basic Rent Adjustment Date and the product 12% of the Expansion Basic Rent in effect immediately prior to such Basic Rent Adjustment Date multiplied by 12% with respect to each succeeding Expansion Basic Rent Adjustment Date, shall be added to the Expansion Basic Rent in effect immediately prior to such Basic Rent Adjustment Date. As used herein, "“

Method of Adjustment for CPI Adjustment. (a) As of each Basic Rent Adjustment Date when the average CPI determined in clause (i) below exceeds the Beginning CPI (as defined in this Paragraph 4(a)), the Basic Rent in effect immediately prior to the applicable Basic Rent Adjustment Date shall be multiplied by a fraction, the numerator of which shall be the difference between (i) the average CPI for the three (3) most recent calendar months (the "“Prior Months"”) ending prior to such Basic Rent Adjustment Date for which the CPI has been published on or before the forty-fifth (45th) day preceding such Basic Rent Adjustment Date and (ii) the Beginning CPI, and the denominator of which shall be the Beginning CPI. An On the Initial Adjustment Date, an amount equal to the lesser of (Ax) the product of such multiplication or (B) $145,960 with respect 5.78% of the Basic Rent in effect immediately prior to the first Initial Adjustment Date shall be added to the Basic Rent in effect immediately prior to the Initial Adjustment Date. On each Basic Rent Adjustment Date and after the Initial Adjustment Date, an amount equal to the lesser of the product of such multiplication or 1.89% of the Basic Rent in effect immediately prior to such Basic Rent Adjustment Date multiplied by 12% with respect to each succeeding Basic Rent Adjustment Date, shall be added to the Basic Rent in effect immediately prior to such Basic Rent Adjustment Date. As used herein, ".

Method of Adjustment for CPI Adjustment. (a) As of each Basic Rent Adjustment Date when the average CPI determined in clause (i) below exceeds the Beginning CPI (as defined in this Paragraph 4(a)), the Basic Rent in effect immediately prior to the applicable Basic Rent Adjustment Date shall be multiplied by a fraction, the numerator of which shall be the difference between (i) the average CPI for the three (3) most recent calendar months (the "Prior Months") ending prior to such Basic Rent Adjustment Date for which the CPI has been published on or before the forty-fifth (45th) day preceding such Basic Rent 59 Adjustment Date and (ii) the Beginning CPI, and the denominator of which shall be the Beginning CPI. An amount equal to the lesser of of: (Ax) the product of such multiplication multiplication; or (By) $145,960 with respect to the first Basic Rent Adjustment Date and the product 18.77% of the Basic Rent in effect immediately prior to such Basic Rent Adjustment Date multiplied by 12% with respect in effect immediately prior to each succeeding such Basic Rent Adjustment Date, Date shall be added to the Basic Rent in effect immediately prior to such Basic Rent Adjustment Date. As used herein, "

Method of Adjustment for CPI Adjustment. (a) As of each Basic Rent Adjustment Date when the average CPI determined in clause (i) below exceeds the Beginning CPI (as defined in this Paragraph 4(a)), the Basic Rent in effect immediately prior to the applicable Basic Rent Adjustment Date shall be multiplied by a fraction, the numerator of which shall be the difference between (i) the average CPI for the three (3) most recent calendar months (the "Prior Months") ending prior to such Basic Rent Adjustment Date for which the CPI has been published on or before the forty-fifth (45th) day preceding such Basic Rent Adjustment Date and (ii) the Beginning CPI, and the denominator of which shall be the Beginning CPI. An amount equal to the lesser of (Ax) the product of such multiplication or (B) $145,960 with respect to the first Basic Rent Adjustment Date and the product 5% of the Basic Rent in effect immediately prior to such Basic Rent Adjustment Date multiplied by 12% with respect to each succeeding Basic Rent Adjustment Date, shall be added to the Basic Rent in effect immediately prior to such Basic Rent Adjustment Date; provided, however, that if for any two (2) year period the percentage increase in the CPI is less than 5% the difference between 5%, and the actual percentage increase shall be carried forward for purposes of calculating subsequent Basic Rent increases. As used herein, "

Method of Adjustment for CPI Adjustment. (a) As of each Basic Rent Adjustment Date when the average CPI determined in clause (i) below exceeds the Beginning CPI (as defined in this Paragraph 4(a)), the Basic Equity Rent in effect immediately prior to the applicable Basic Rent Adjustment Date shall be multiplied by a fraction, the numerator of which shall be the difference between (i) the average CPI for the three (3) most recent calendar months (the "Prior Months") ending prior to such Basic Rent Adjustment Date for which the CPI has been published on or before the forty-fifth (45th) day preceding such Basic Rent Adjustment Date and (ii) the Beginning CPI, and the denominator of which shall be the Beginning CPI. An amount equal to (In calculating the lesser numerator of (Athe fraction described in the foregoing sentence, however, the average CPI for the Prior Months shall be recalculated as if, for each year during the previous five-year period, there were an 8% annual cap on increases in CPI from that CPI in effect during the prior year.) the The product of such multiplication or (B) $145,960 with respect to the first Basic Rent Adjustment Date and the product of the Basic Rent in effect immediately prior to such Basic Rent Adjustment Date multiplied by 12% with respect to each succeeding Basic Rent Adjustment Date, shall be added to the Basic Equity Rent in effect immediately prior to such Basic Rent Adjustment Date. As used herein, The "

Method of Adjustment for CPI Adjustment. (a) As of each Basic Rent Adjustment Date when the average CPI determined in clause (i) below exceeds the Beginning CPI (as defined in this Paragraph 4(a)), the Basic Rent in effect immediately prior to the applicable Basic Rent Adjustment Date shall be multiplied by a fraction, the numerator of which shall be the difference between (i) the average CPI for the three (3) most recent calendar months (the "Prior Months") ending prior to such Basic Rent ------------ Adjustment Date for which the CPI has been published on or before the forty-forty- fifth (45th) day preceding such Basic Rent Adjustment Date and (ii) the Beginning CPI, and the denominator of which shall be the Beginning CPI. An amount equal to the lesser of (Ax) the product of such multiplication or (B) $145,960 with respect to the first Basic Rent Adjustment Date and the product 13.30% of the Basic Rent in effect immediately prior to such Basic Rent Adjustment Date multiplied by 12% with respect to each succeeding Basic Rent Adjustment Date, shall be added to the Basic Rent in effect immediately prior to such Basic Rent Adjustment Date. As used herein, "

Method of Adjustment for CPI Adjustment. (a) As of each Basic Rent Adjustment Date when the average CPI determined in clause (i) below exceeds the Beginning CPI (as defined in this Paragraph 4(a5(a)), the Basic Rent in effect immediately prior to the applicable Basic Rent Adjustment Date shall be multiplied by a fraction, the numerator of which shall be the difference between (i) the average CPI for the three (3) most recent calendar months (the "Prior Months") ending prior to such Basic Rent Adjustment Date for which the CPI has been published on or before the forty-fifth (45th) day preceding such Basic Rent Adjustment Date and (ii) the Beginning CPI, and the denominator of which shall be the Beginning CPICPI (the product of such multiplication, divided by the Basic Rent, and expressed as a percentage increase, the "Actual CPI Increase"). An amount equal to the lesser of (Ax) the product of such multiplication or Actual CPI Increase and (By) $145,960 with respect to the first Basic Rent Adjustment Date and the product 9.27% of the Basic Rent (based upon 3% per annum compounded) in effect immediately prior to such Basic Rent Adjustment Date multiplied by 12% with respect to each succeeding Basic Rent Adjustment Date, shall be added to the Basic Rent in effect immediately prior to such Basic Rent Adjustment Date. As used herein, "

Method of Adjustment for CPI Adjustment. (a) As of each Basic Rent Adjustment Date when the average CPI determined in clause (i) below exceeds the Beginning CPI (as defined in this Paragraph 4(a)), the Basic Rent in effect immediately prior to the applicable Basic Rent Adjustment Date shall be multiplied by a fraction, the numerator of which shall be the difference between (i) the average CPI for the three (3) most recent calendar months (the "Prior PRIOR Months") ending prior to such Basic Rent Adjustment Date for which the CPI has been published on or before the forty-fifth (45th) day preceding such Basic Rent Adjustment Date and (ii) the Beginning CPI, and the denominator of which shall be the Beginning CPI. An amount equal to the lesser of (Ax) the product of such multiplication or (BA) $145,960 with respect to the first Basic Rent Adjustment Date and the product 12.5% of the Basic Rent in effect immediately prior to such the First Adjustment Date shall be added to the Basic Rent in effect immediately prior to the First Adjustment Date and (B) 5% of the Basic Rent in effect immediately prior to each Basic Rent Adjustment Date multiplied by 12% with respect subsequent to each succeeding Basic Rent the First Adjustment Date, Date shall be added to the Basic Rent in effect immediately prior to such Basic Rent Adjustment Date. As used herein; provided, "however, that with respect to the first increase in Basic Rent the increase in the CPI is less than 12.5% or if with respect to any subsequent increase in Basic Rent the increase in the CPI is less than 5%, the difference between

Method of Adjustment for CPI Adjustment. (a) As of each Basic Rent Adjustment Date when the average CPI determined in clause (i) below exceeds the Beginning CPI (as defined in this Paragraph 4(a)), the Basic Rent in effect immediately prior to the applicable Basic Rent Adjustment Date shall be multiplied by a fraction, the numerator of which shall be the difference between (i) the average CPI for the three (3) most recent calendar months (the "Prior Months") ending prior to such Basic Rent Adjustment Date for which the CPI has been published on or before the forty-fifth (45th) day preceding such Basic Rent Adjustment Date and (ii) the Beginning CPI, and the denominator of which shall be the Beginning CPI. An Ninety percent (90%) of an amount equal to the lesser of the following shall be added to the Basic Rent in effect immediately prior to such Basic Rent Adjustment Date: (A) the product of such multiplication or (B) $145,960 with respect to the first Basic Rent Adjustment Date and the product of the Basic Rent in effect immediately prior to such Basic Rent Adjustment Date multiplied by 1222.50% with respect to the first adjustment of Basic Rent and 63 multiplied by 7% with respect to each succeeding subsequent adjustment of Basic Rent Adjustment Date, shall be added to the Basic Rent in effect immediately prior to such Basic Rent Adjustment DateRent. As used herein, "

Method of Adjustment for CPI Adjustment. (a) As of each Basic Rent Adjustment Date when the average CPI determined in clause (i) below exceeds the Beginning CPI (as defined in this Paragraph 4(a5(a)), the Basic Rent in effect immediately prior to the applicable Basic Rent Adjustment Date shall be multiplied by a fraction, the numerator of which shall be two (2) times the difference between (i) the average CPI for the three (3) most recent calendar months (the "Prior Months") ending prior to such Basic Rent Adjustment Date for which the CPI has been published on or before the forty-fifth (45th) day preceding such Basic Rent Adjustment Date and (ii) the Beginning CPI, and the denominator of which shall be the Beginning CPI. An amount equal to the lesser of (Ax) the product of such multiplication or (B) $145,960 with respect to the first Basic Rent Adjustment Date and the product 6.903% of the Basic Rent in effect immediately prior to such Basic Rent Adjustment Date multiplied by 12% with respect to each succeeding Basic Rent Adjustment Date, shall be added to the Basic Rent in effect immediately prior to such Basic Rent Adjustment Date. As used herein, "

Method of Adjustment for CPI Adjustment. (a) As of each Basic Rent Adjustment Date when the average CPI determined in clause (i) below exceeds the Beginning CPI (as defined in this Paragraph 4(a)), the Basic Rent in effect immediately prior to the applicable Basic Rent Adjustment Date shall be multiplied by a fraction, the numerator of which shall be the difference between (i) the average CPI for the three (3) most recent calendar months (the "“Prior Months"”) ending prior to such Basic Rent Adjustment Date for which the CPI has been published on or before the forty-fifth (45th) day preceding such Basic Rent Adjustment Date and (ii) the Beginning CPI, and the denominator of which shall be the Beginning CPI. An amount equal to the lesser greater of (Ax) the product of such multiplication or (By) $145,960 with respect to the first Basic Rent Adjustment Date and the product two percent (2%) of the Basic Rent in effect immediately prior to such Basic Rent Adjustment Date multiplied by 12% with respect to each succeeding Basic Rent Adjustment Date, shall be added to the Basic Rent in effect immediately prior to such Basic Rent Adjustment Date. As used herein, "“

Method of Adjustment for CPI Adjustment. (a) As of each Basic Rent Adjustment Date when the average CPI determined in clause (i) below exceeds the Beginning CPI (as defined in this Paragraph 4(a)), the Subsequent Basic Rent in effect immediately prior to the applicable Basic Rent Adjustment Date shall be multiplied by a fraction, the numerator of which shall be the difference between (i) the average CPI for the three (3) most recent calendar months (the "Prior Months") ending prior to such Basic Rent Adjustment Date for which the CPI has been published on or before the forty-fifth (45th) day preceding such Basic Rent Adjustment Date and (ii) the Beginning CPI, and the denominator of which shall be the Beginning CPI. An amount equal to the lesser of (A) the The product of such multiplication or (B) $145,960 with respect to the first Basic Rent Adjustment Date and the product of the Basic Rent in effect immediately prior to such Basic Rent Adjustment Date multiplied by 12% with respect to each succeeding Basic Rent Adjustment Date, shall be added to the Subsequent Basic Rent in effect immediately prior to such Basic Rent Adjustment Date. In no event, however, will the new Subsequent Basic Rent exceed 103% of the Subsequent Basic Rent in effect prior to the annual CPI adjustment (or 3% per annum if any adjustment to Subsequent Basic Rent is for a period of more than one (1) year). As used herein, "

Method of Adjustment for CPI Adjustment. (a) As of each Basic Rent Adjustment Date when the average CPI determined in clause (i) below exceeds the Beginning CPI (as defined in this Paragraph 4(a)), the Basic Rent in effect immediately prior to the applicable Basic Rent Adjustment Date shall be multiplied by a fraction, the numerator of which shall be the difference between (i) the average CPI for the three (3) most recent calendar months (the "Prior Months") ending prior to such Basic Rent Adjustment Date for which the CPI has been published on or before the forty-fifth (45th) day preceding such Basic Rent Adjustment Date and (ii) the Beginning CPI, and the denominator of which shall be the Beginning CPI. An amount equal to the lesser of (Ax) the product of such multiplication or (B) $145,960 with respect to the first Basic Rent Adjustment Date and the product 10.07% of the Basic Rent in effect immediately prior to such Basic Rent Adjustment Date multiplied by 12% with respect to each succeeding Basic Rent Adjustment Date, shall be added to the Basic Rent in effect immediately prior to such Basic Rent Adjustment Date. As used herein, "

Method of Adjustment for CPI Adjustment. (a) As of each Basic Rent Adjustment Date when the average CPI determined in clause (i) below exceeds the Beginning CPI (as defined in this Paragraph 4(a)), the Basic Rent in effect immediately prior to the applicable Basic Rent Adjustment Date shall be multiplied by a fraction, the numerator of which shall be the difference between (i) the average CPI for the three (3) most recent calendar months (the "Prior Months") ending prior to such Basic Rent Adjustment Date for which the CPI 45 has been published on or before the forty-fifth (45th) day preceding such Basic Rent Adjustment Date and (ii) the Beginning CPI, and the denominator of which shall be the Beginning CPI. An amount equal to the lesser of (Ax) the product of such multiplication or (B) $145,960 with respect to the first Basic Rent Adjustment Date and the product 12.55% of the Basic Rent in effect immediately prior to such Basic Rent Adjustment Date multiplied by 12% with respect to each succeeding Basic Rent Adjustment Date, shall be added to the Basic Rent in effect immediately prior to such Basic Rent Adjustment Date. .] As used herein, "

Method of Adjustment for CPI Adjustment. (a) As of each Basic Rent Adjustment Date when the average CPI determined in clause (i) below exceeds the Beginning CPI (as defined in this Paragraph 4(a)), the Basic Rent in effect immediately prior to the applicable Basic Rent Adjustment Date shall be multiplied by a fraction, the numerator of which shall be the difference between (i) the average CPI for the three (3) most recent calendar months (the "Prior Months") ending prior to such Basic Rent Adjustment Date for which the CPI has been published on or before the forty-fifth (45th) day preceding such Basic Rent Adjustment Date and (ii) the Beginning CPI, and the denominator of which shall be the Beginning CPI. An amount equal to the lesser of (Ax) the product of such multiplication or (By) $145,960 with respect to the first Basic Rent Adjustment Date and the product 3.75% of the Basic Rent in effect immediately prior to such Basic Rent Adjustment Date multiplied by 12% with respect to each succeeding Basic Rent Adjustment Date, shall be added to the Basic Rent in effect immediately prior to such Basic Rent Adjustment Date. As used herein, "

Method of Adjustment for CPI Adjustment. (a) As of each Basic Rent Adjustment Date when the average CPI determined in clause (i) below exceeds the Beginning CPI (as defined in this Paragraph 4(a)), the Basic Rent in effect immediately prior to the applicable Basic Rent Adjustment Date shall be multiplied by a fraction, the numerator of which shall be the difference between (i) the average CPI for the three (3) most recent calendar months (the "“Prior Months"”) ending prior to such Basic Rent Adjustment Date for which the CPI has been published on or before the forty-fifth (45th) day preceding such Basic Rent Adjustment Date and (ii) the Beginning CPI, and the denominator of which shall be the Beginning CPI. An [The product of such multiplication shall be added to the Basic Rent in effect immediately prior to such Basic Rent Adjustment Date or an amount equal to the lesser of (Ax) [________________% of] the product of such multiplication or (By) $145,960 with respect to the first Basic Rent Adjustment Date and the product ________________% of the Basic Rent in effect immediately prior to such Basic Rent Adjustment Date multiplied by 12% with respect to each succeeding Basic Rent Adjustment Date, shall be added to the Basic Rent in effect immediately prior to such Basic Rent Adjustment Date. .] As used herein, "“